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ARTICLE · 15 MAY 2026

Update – Navigating Liability: The Future Of Interstate Broker Regulation

Last October, our team highlighted the tension between the Federal Aviation Administration Authorization Act of 1994 (the “Act”), and state-based negligence hiring claims against transportation brokers.

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Last October, our team highlighted the tension between the Federal Aviation Administration Authorization Act of 1994 (the “Act”), and state-based negligence hiring claims against transportation brokers. To recap, the Act broadly preempts state laws “related to the prices, routes, and services of the trucking industry.” Montgomery v. Caribe Transport II, LLC, No. 24-1238, slip op. at 1 (U.S. May 14, 2026). But it has a critical carveout: States retain authority to regulate safety “with respect to motor vehicles.” Id. It was an open question whether this carveout permitted state-based negligent hiring claims against freight brokers—that is, “the transportation industry’s matchmakers,” who “connect[] sellers of goods to the carriers who move them.” Id. After Montgomery v. Caribe Transport II, LLC, now we know, “It does.” Id. 

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